Brunei is a country located in Southeast Asia with a population of
460,000 and a population of about 100,000 live in capital. The official
languages are Malay and English. Ethnically 65% Malay, 10% Chinese, 24%
others. The area is only 5,765 square kilometers, and the country is
located on an island. The island is called Borneo and is owned by
Brunei, Malaysia and Indonesia. Religiously, 80% are Sunni Muslims.
I had to look through the whole constitution for good aspects with binoculars. Even that is not too significant mention.
The essence of the constitution is "Government of the Sultan, by the
Sultan, for the Sultan". You may have seen the black comedy movie
"Dictator" released in 2012. The main character in the movie is Sacha
Baron Cohen, who was the head of state, the head of government, the head
of the army at the same time. In reality, Sultan of Brunei is such the
character. There is a parliament as show-piece item, where no bill will
be introduced without Sultan's green signal. The court is under him. Any
action against him is prohibited in the state. There is virtually no
way to remove the sultan.
The state religion is Islam. All ministers must be Sunni Muslims and Malays.
Facts of Brunei's Constitution
Preamble (Part of it)
WHEREAS provision is being made in a separate Proclamation (in this Constitution referred to as “the Succession and Regency Proclamation, 1959”) for certain matters affecting His Majesty the Sultan and Yang Di-Pertuan, the Succession to the Sultanate and His Majesty the Sultan and Yang Di-Pertuan’s family;
3. Official religion of Brunei Darussalam and religious observance
1. The official religion of Brunei Darussalam shall be the Islamic Religion:
Provided that all other religions may be practised in peace and harmony by the persons professing them.
2. The Head of the official religion of Brunei Darussalam shall be His Majesty the Sultan and Yang Di-Pertuan.
3. The Religious Council shall be the authority responsible for advising His Majesty the Sultan and Yang Di-Pertuan on all matters relating to the Islamic Religion.
4. For the purpose of this Article, His Majesty the Sultan and Yang Di-Pertuan may, after consultation with the Religious Council, but not necessarily in accordance with the advice of that Council, make laws in respect of matters relating to the Islamic Religion.
4. Executive authority and principal officers (Part of it)
1. The supreme executive authority of Brunei Darussalam shall be vested in His Majesty the Sultan and Yang Di-Pertuan.
1A. His Majesty the Sultan and Yang Di-Pertuan shall be the Prime Minister.
1B. His Majesty the Sultan and Yang Di-Pertuan shall be the Supreme Commander of the Royal Brunei Armed Forces.
2. The executive authority shall be exercised by His Majesty the Sultan and Yang Di-Pertuan.
5. The appointment of Ministers and Deputy Ministers shall be made from among the Malay race professing the Islamic Religion, save where His Majesty the Sultan and Yang Di-Pertuan otherwise decides.
42. Description of Bills, motions and petitions not to proceed without approval (Part of it)
1. Except with the prior approval of His Majesty the Sultan and Yang Di-Pertuan, a Member of the Legislative Council shall not introduce or propose, and the Legislative Council shall not proceed upon, any Bill, any amendment to any Bill, or any motion, petition or business which, in the opinion of His Majesty the Sultan and Yang Di-Pertuan, falls within any of the following classes—
45. Assent to Bills (Part of it)
1. When any Bill has been passed by the Legislative Council, such Bill shall only become law either in the form in which it was passed or with such amendments as His Majesty the Sultan and Yang Di-Pertuan shall think fit, if His Majesty the Sultan and Yang Di-Pertuan assents to, signs and seals the Bill with the State Seal.
53. Privileges of Members of Legislative Council (Part of it)
1. Subject to Clause (1A), every Member of the Legislative Council may express his opinion freely in the Legislative Council or any committee thereof, upon any matter which comes before it.
1A. No Member of the Legislative Council shall speak or make any comments—
- a. directly or indirectly derogatory of the rights, status, position, powers, privileges, sovereignty or prerogatives of His Majesty the Sultan and Yang Di-Pertuan, his Successors, His Consort or other members of the Royal Family or the National Philosophy of Malay Islamic Monarchy;
84C. No judicial review
1. The remedy of judicial review is and shall not be available in Brunei Darussalam.
2. For the avoidance of doubt, there is and shall be no judicial review in any court of any act, decision, grant, revocation or suspension, or refusal or omission to do so, any exercise of or refusal or omission to exercise any power, authority or discretion by His Majesty the Sultan and Yang Di-Pertuan, or any party acting on his behalf or under his authority or in the performance of any public function, under the provisions of this Constitution or any written law or otherwise, including any question relating to compliance with any procedural requirement governing such act or decision.
3. In this Article, “judicial review” means proceedings instituted by any manner whatsoever including, but not limited to, proceedings by way of—
- a. an application for any of the prerogative orders of mandamus, prohibition and certiorari;
- b. an application for a declaration or an injunction;
- c. a writ of habeas corpus; and
- d. any other suit or action relating to or arising out of any act, decision, grant, revocation or suspension, or refusal or omission to do so, any exercise of or refusal or omission to exercise any power, authority or discretion conferred on His Majesty the Sultan and Yang Di-Pertuan, or any party acting on his behalf or under his authority or in the performance of any public function, under the provisions of this Constitution or any written law or otherwise.
4. Save as provided in this Constitution, His Majesty the Sultan and Yang Di-Pertuan shall not be required to assign any reason for any act, decision, grant, revocation or suspension, or refusal or omission to do so, any exercise of or refusal or omission to exercise any power, authority or discretion under the provisions of this Constitution or any written law or otherwise.
